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    boots12's Avatar
    boots12 Posts: 1, Reputation: 1
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    #1

    Nov 4, 2011, 05:31 PM
    Homeowner's Association and foreclosure in California
    Can a homeowners association obtain foreclosure on my home for unpaid association dues?
    CliffARobinson's Avatar
    CliffARobinson Posts: 1,416, Reputation: 101
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    #2

    Nov 4, 2011, 06:06 PM
    When the amount is over $1,800 and/or past due by 12 months or more.

    California lawyer writing a blog post about this issue:

    HOAs are regulated by the California Davis-Stirling Common Interest Development Act in Civil Code Section 1367 et seq. Pursuant to Davis-Stirling, an HOA can levy dues and assessments necessary for the development. A regular or special assessment is a debt of the owner. If an owner is behind on dues or assessments, the HOA can record a lien against the property. At least 30 days prior to recording the lien, the HOA is required to notify the owner by certified mail.

    The recording of a lien does not automatically allow a foreclosure by the HOA. Rather, an HOA may not foreclose until the amount of the delinquent dues and assessments secured by the lien, exclusive of any accelerated assessments, late charges, fees and costs of collection, attorney's fees, or interest, equals or exceeds one thousand eight hundred dollars ($1,800) or the assessments secured by the lien are more than 12 months delinquent...

    ... you need to be aware that the HOA can foreclose before your lender and become your landlord. If you are trying to buy the maximum amount of time in your home prior a foreclosure, it may be better to keep your HOA dues current.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 4, 2011, 06:46 PM
    Have they taken you to court for a judgement yet ?

    Is there a dispute over charges ? Or are the charges just not being paid/
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